Can i be sued in return

[megan242]

Hello

If i make a denuncia against a person who has wronged me and this goes to court but I lose the court case - can the defendant sue me in return?

[Martin Page]

Anybody can sue you at any time for anything .... whether its upheld or not is a different matter ...
It depends on how much money (or benefit) they have access to ....

[Chica56]

Megan, I think the answer is No, if you go to Court over a denuncia, the Judge will hear from both parties, and in that way addresses both aspects of the case. They place a lot of reliance on corroborating evidence and then it comes down to who is the most credible in Court. However if there is evidence you deliberately made a false denuncia this is not looked on kindly............Is this a civil or a penal matter? Strangely you can represent yourself in a criminal case but not in a civil case.....more spanish logic!!!

I have found asking local police or guardia for their advice on how to proceed with my difficulty or issue can be very helpful, in the end in my situation the Guardia came down and told me I HAD to do a denuncia as the situation was getting out of hand.....and this is how i know all this from personal experience.

But if another issue arises then of course you can be denounced by anyone at any time....but it seems to be the Guardia who decide whether to refer the criminal cases to Court or leave them on file......

[aidan]

Hi, is it true that I can represent myself in a penal case?
I am being brought to court, the lawyer I usually use wants to charge me a small fortune, I should not even be involved in the case but am told I have to attend. The lawyer insists I cannot represent myself.
Any advice would be welcome.
Thanks in advance.

[Chica56]

If you are the denounced, ie the person the case is against, you can just represent yourself BUT it is advisable NOT to as you may find you lose a lot of rights. If you are summoned as a witness (testigo) then you do not need a solicitor. Itd also advisable to insist on a translator even if you speak spanish very well.

The newly formed CAB Spain strongly advise against representing yourself in a penal case for the reasons I stated above.........

Strangely you HAVE to have a solicitor in a civil case!

[aidan]

Thanks,it is not a denuncia.
i had a villa built some time ago one of the workers was injured on site and now 5 years later has decided to claim. At the time I was assured any claim was down to Builder and Aparajador. Lawyer wants a fortune, multi thousands to represent me on something that he advised before is nothing to do with me. I was hoping to show up and throw myself at the mercy of the judge.
Regards.

[Chica56]

I strongly advise you to contact the CAB in Spain, they have reasonably priced solicitors who can advise you, this is a hornets nest........Judges have no mercy they are only interested in evidence and responsibility.........so are you the person being claimed against? Or a witness for the defence? Do you have proper contracts making the builder respnsible for on site safety during the build? Was the property insured as a property in construction?

Do you have legal cover as part of your current insurance policy? If so then ask if they will allow you to choose your own solicitor for this case.

I cannot stress enough how important it is not to throw yourself at the mercy of a Judge, you could be seen as being overly casual and cavalier rather than the way you hope

[aidan]

Thanks again, I will take your advice and contact CAB, what are they called in Spain?
Yes we had proper contracts re architect and assistant doing a health and Safety etc that is why I was thinking any judge would see I tried to do the right thing all above board and legal, but as you say a Hornets Nest so I will try and get legal help but at a reasonable cost.
I was not trying to be cavalier, the opposite laying cards on table for judge to see as I am fed up with being the whipping boy for expensive lawyers.
Cheers for your help.

[Mowser]

Cab Spain can also be found here:-

https://www.facebook.com/CAB.Spain?fref=ts

[Mike.M]

If you employed the worker directly, then there MAY be a possibility that you have some liability. If the worker worked for a contractor ... then you need to track down the contractors insurance documents for that period ... 'Seguro Accidentes para Convenios' and 'Seguro Colectivo de Vida Riesgo'.

For anyone looking at this thread in the future and are 'developing' their own property and managing contracted companies, please ensure that you have copies of these documents and that the contractors also provide proof that their workers are registered and that taxes, social security are being paid. This entails the contractor providing you with copies of 'Certificado de Situacion de Cotizacion' and 'Relación Nominal de Trabajadores' (issued to him by the Tesoreria General de la Seguridad Social every quarter).

In theory, if you don't have all the above to show due diligence then you leave yourself open to a potential pursuit (whether they are successful or not).

Best of luck and I strongly advise you take legal counsel, if only to understand your worst case scenario and all knock-on implications.

[aidan]

For sure, anyone should take your advice if they are building. I wish I had done what you are advising but too late now. Thanks for your comments and let's see how this all ends. At the moment my advice to anyone thinking of building in Spain is don't, too many unknowns unless you are prepared to take the steps as above, too much hassle.
Cheers

[Sampson]

You will need to check it out, but I'm pretty confident that the claim will fizzle out as the Statute of Limitations will apply. An injury claim for compensation has to have been initiated within the prescribed period which I believe it's only 1 year in Spain - it's 3 years under English law.

[kelly_G]

It is a sound piece of advise.... thanks for sharing it ....